In The NewsSouth Carolina DUI Laws in DisarrayMarch 16, 2006 New findings suggest that South Carolina’s complex set of DUI laws may be doing more harm than good. New laws that went into effect January 1 of this year passed the responsibility of DUI appeals hearings from the Department of Motor Vehicles to the South Carolina Administrative Law Court. The result has left arresting police officers unaware where or when to appear in court, and has resulted in the dismissal of up to 70 percent of DUI cases statewide. Drivers accused in South Carolina for drinking and driving automatically have their licenses suspended for 90 days upon refusing to take a blood alcohol test. Drivers with BAC levels of over 0.15 percent face 30 day suspensions. The drivers are then legally allowed to appeal these suspensions, however, and most suspects do so. Since the new appeals process was handed over to the Administrative Law Court, the Court was seen as not notifying the arresting officers of pending cases. Police officers were routinely not showing up to court and the cases usually ended with the suspect getting their driver’s license back. Critics of the new changes say that the laws both endanger the general public by allowing the drivers to return behind the wheel and they add confusion to the state’s already confusing drinking and driving laws. In addition, there are several costs associated with each hearing that will be paid for by state money. If the DMV appeals some of the 421 dismissed cases that is likely to end up with further costs to the state and more complicated legal proceedings regarding the suspected driver. Both the DMV and the state government are at odds over who is to blame but the resulting situation has added to the confusion over South Carolina DWI laws. Legal experts in the House will debate a bill this week that would legally make the role of the arresting officer or the blood alcohol tester more involved in the DUI case. Under current law these people are merely witnesses and would not necessarily be notified of court dates. Because of the confusion over the state’s DUI laws, if you or a loved one has been suspected of drinking and driving or if you have been the victim of a DUI accident it is always important to contact a law firm with years of experience in South Carolina Law. The Louthian Law Firm, P.A., has years of experience dealing with South Carolina’s automobile, motorcycle and boating accident laws. The laws and the resulting confusion have made the importance of hiring experienced South Carolina lawyers more important than ever. Contact our offices for a free and confidential evaluation on your case today. back to articlesSouth Carolina Auto Accident Lawyer Disclaimer: The automobile accident, car crash, motor vehicle accident, auto collision or other legal personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Further communication with our attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. This web site is not intended to solicit clients for matters outside of the state of South Carolina. |
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